HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-0117 41P C CITY OF TAMARAC, FLORIDA
I �i RESOLUTION N0.
A RESOLUTION DECLARING THE RESULTS OF THE
GENERAL ELECTION REFERENDUM ON AMENDMENTS
TO THE CHARTER OF THE CITY OF TAMARAC
WHEREAS, a general election was held on March 5, 1974
for the purpose of a referendum on Amendments to the Charter of
the City of Tamarac, and
WHEREAS, the City Council has canvassed the results of
the machine voting and absentee ballots as certified by the
Election Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: T hat pursuant to Florida Statutes, Section
166.031, the following amendments are declared to be passed and to be
part of the City Charter of the City of Tamarac.
Section 82 Section 81 For Repeal of
Section 79 Section 83 Sections:
Section 5 Section 84 85, 86, and 88.
Section 28 Section 124
Section 39 Section 125
Section 71 Section 131
Section 72
Section 75
Section 76
Section 77
SECTION 2: The City Clerk is hereby directed to file
with the Broward County Court of Record a certified copy of each
of the above amendments along with a certified copy of this
Resolution.
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SECTION 3: When Section 2, above, has been complied
with, the City Clerk is hereby directed to file with the Secretary
of State in Tallahassee a certified copy of each of the amendments
as well as a certified copy of this Resolution and a certified
copy of the Certificate from the Election Board, as required by
Florida Statute 116.13.
SECTION 4: The City Clerk is directed to attach to
the present Charter a copy of each of the new amendments.
SECTION 5: The City Clerk is directed to send to the
Codifier of the City's laws a copy of each of the amendments along
with a copy of this Resolution for inclusion in the codified',C.hatter.
SECTION 6: The City Clerk is directed to prepare suf-
ficient copies of the amendments for distribution at a nominal
cost when these amendments have been recorded.
PASSED, ADOPTED AND APPROVED this �DAY OF 1974.
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CITY CLERK ' 'j :4
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Pvr opn ow rYlT NTMT. ATOT-P.
Seltman :4,e—
Vice Mayor Lange
Councilman Johnson
Councilman Shultz-{�
Councilman Tucker A_n
I HEREBY CERTIFY that I
have approved the form and
correctness of this
RESOLUTION.
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C--E--R-T-I-F-I-C-A-T--E
WE, the undersigned members of the Tamarac Election
Board, do hereby certify that the attached schedule represents
the true and correct number of votes cast for each of the named
candidates and the proposed Charter amendmwnts in the General
Election held in the City of Tamarac, on Tuesday, March 5,
1974. The Grand Total Figure in each category represents
both the number of machine votes and the number of absentee
votes cast for each candidate.
Based upon the attached results, the following persons
have succeeded in the General Election:
FOR MAYOR;
FOR COUNCIL, District Two:
FOR COUNCIL, District Three:
FOR COUNCIL, District Four:
FOR CHARTER BOARD:
FOR ELECTION BOARD:
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5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313
TELEPHONE (305) 73 1 -5900
March 15 1974.
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C E R T I F I C A T E.-�
BROWARD COUNTY
C.n
STATE OF FLORIDA
I HEREBY CERTIFY that the attached is a true and correct copy
of City of Tamarac Charter Amendments Numbers 82, 79, 5, 28, 39, 71,
72, 75, 76, 77, 81, 83, 84, 124, 125, 131, 85, 86 and 88, the
original of which is on file in City Hall.
Witness my hand and the seal of the City of Tamarac.
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Peggy M. Twichell
City Clerk.
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ARTICLE, XII I, Si!ction 32 c?.. tr,r� cra ,i t(2r of th" City of Tamarac
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is hereby amended to read as A of l ows
SECaICN 62. ORDINANCES A14D RESOLUTION'S
1. Each Ordinance or Resolution shall be introduced
in writing aid sign,!& by ._he Ccauncilman .i.ntroauc.ing it. It shall
embrace but one oub jecty and ma+. t:O'ils properly connected
therewith. The sub:.7-ct shall b�: r1.��arly jitat:.ec in the title.
No OrOin::aac e shal .. l:cx refised oi: by refereaxc.e to
its titlo only, ord.i..7a. cles to rovist- or af,,te d shall set,
forth in full the or amLL sided. acts, secti.oll or sub-
section or .in paragraph of a section or a subsection. The
enacting clause of every Ordinance shall be as follows:
Counc:'_l of thu- City of TiaArkl2i: C. "
2. (a) % proposed Ordinance may be -read by title
only, unless a read:i.>ag in full is requested by any person, and
shall be read at at ,Least three (3) counci.3. ineetings and
shall, at least seven (7) drays prior to the second reading,
be noticed once in a newspaper of general, circulation in
the municipality. The notice of proposed enactment shall
state the date, time and place of the meeting, the title or
titles of proposed o_: di iz anceEi and the place or p i aces within
the municipality where much pr'opo,3ed ordinances mixy be inspected
by the public. Said: notice shall also advise that interested
parties may appear at the meeting and be heard with respect
to the proposed ordinance.
(b) The City Council of 'T'a.matac by a two-thirds
(2/3) vote may enact an emergency ordinance without complying
with the requirements of, thr}-e (3) separa ale readings or
publication of notice contained i_ca Paragraph 2 (a) of this
section.
+ 3. The majority o:: the members of -he City Council
shall constitute a quorum. The iatfirmative votes of thre rl
(3) councilmen shall, be necessary to enact nny ordi nanco or
adopt any resolution provided that two-thirds
(2/3) of the
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each gassaqep ttio vote of e3ach member of
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the City, Council. vot i oshai.1, bR enierea on -" -I"tc 0 Acl-al
records v the- meet. i nj pry 1. i 0 ns-4
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days F_nt,3Silc"C', CII)II ;"I"(j There
ahall bo an opper'2,,Aia".tv I)ub"U'Lc hearing at
oach rf.4adinq of, ant,,,, o Y.,- r e.-ic) I u i. i n.
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ARTICLE XII, Segos 75, of the Charter of ft City of
Tamarac is heresy �-ni-en :sd to read as follows:
SECTION 79. RECALL,
Any elected official may be recalled and removed ::ro:a
his office for any reason which might be deemed adequate
by any citizen as sufficient reason to vote against said
candidate. Said reason need not rise to the status of
nonfeasance, malfeasance or misfeasance. The following
4 procedure shall be followed:
(1) IlVenty-five (:5) registered electors
residing within the district represented by the official
sought to be recalled or fifty (54 registered electors
residing within the City desiring to recall an elective
official, whose district is citywide, may make and file
w;�th the Clerk, an affidavit containing the name or names
of the person or persons whose removal is sought and a
statement of the grounds for removal in not more than two
hundred (200) words.
(2) The City Clerk shall within forty-
eight (48) hours, serve a copy of the affidavit and statement
of grounds for removal on the elective official sought to.
be recalled and he or they, within five (5) working days
after such notice, may Nile with the City Clerk, a defensive
statement not exceeding two hundred.(200) words.
(3) The City Clerk shall, at once upon the
expiration!of said five (5) working days, prepare fifty (50)
copies of such petition, and to each of them, the City Clerk
shall attach a copy of the grounds for removal and any
defensive statement furnished the City Clerk within the time
stated. Each copy of the petition shall contain the number
of pages necessary to carry the signatures of one (18) per
cent of the registered electors of the City, and each page to
bear the affidavit to be executed by the circulator thereof
stating the ntunber of signatures appearing upon such page, �
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(4) All copies of the petition shall be delivered
to the registered elector or registered electors who
prdSented the affidavit to the City Clerk.
(5) The recall petitions, to be effective, mu34 be
returned and filed with the City Manager within thirty
(30)days after the City Clerk delivers the same to the
circulators.
(6) The City ManacTer shall assemble all of said
copies of the petition as one petition. If such petition
is sufficient as to signatures, the City Manager shall within'
five (5) working days, serve notice of that fact upon the
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elective official designated in the petition, and also
deliver to the City Council a copy of the original petition
with its certificate as to the percentage of registered
electors who signed the same_ if the City Manager's certi-
ficate shows the petition to be insufficient as to the
signatures, the City Manager shall, within five (5) working
days, notify in writing one (1) or more of the circulators
of the petition, and the petition may be amended at any time
within ten (10) days after the giving of said notice by
filing of a supplementary petition signed, and filed as
provided herein for the original petition.
(7) The City Manager shall within five (5) days
after'such amendment make an examination of the amended
petition and attach thereto his certificate of the result.
If found to be insufficient as to signatures, or if no amend-
ment was made, the City Manager shall file the petition with
the City Clerk and shall notify the City Council, the person,
if any, filing said amended petition of that fact.
(8) If the elective official or any of them
designated in the petition filed with the City Manager, within
five (5) working days after the City Manager's certification
that the petition and amendments contained the required
percentage of signatures, tendered his or their written
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City Council of that fact and such resignation shall be
irrevocable, and tine City Council, shall proceed to fill
the vacancy.
(9) In the absence of any such resIgnation, the Election
Board shall, forthwith order and fix a day for holding a
recall, election for the removal of those not resigning. Any
such election shall be t~elt: not less than thirty (30) nor
more than sixty (60) days; after the expiration of the five
(5) working days last mentioned, and at the same time as
any other general or special election held within such
period; but if no such election be held within such period,
the Election ward shell call a special recall election to
be held within the period aforesaid.
The petition for recall. shct.11. be substantially as follows
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We the unde.rstgned, residents of _J �
Dts�.r-ct or City)
repre5ented by , request that
Tiiame of Elect d Of i.ca.al
a Pecall, election be- held to Bete pine if
Name of Electe
_ should be recalled from the office of
(Name o? ace
�44!-LrD eL&C'Tt, R' 5 5 I GNA`C'URE RESIDENTIAL STREET ADDRESS
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared
who being first duly sworn, deposes
Circu itor
and says that this signature sheet contains signatures
which l personally witnessed.
Circulator
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Notary Publia
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ARTICLE I,.Section 5 of the Charter of the City of.Tamarac
is hereby amended to read as followst
SECTION 5. ANNEXATION
The corporate limits of the City of Tamarac may
be extended so as to include adjacent territory not then
within such corporate limits by ordinance passed by the City
Council and submitted to a separate vote of the registered
electors of the City of Tamarac and of said territory, unless
a referendum is otherwise prohibited by general law. Such
election shall be called and conducted and the expenses
thereof paid by the City of Tamarac, and the -Said territory
shall not be annexed unless such annexation is approved by
a majority of the registered electors voting on the question
of annexation of each parcel in such election in said territory
and the City of Tamarac. The City Council may only pro-
pose for annexation such lands as are contiguous to the existing -
territorial limits of the City of Tamarac.
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AI�TiCLB V, Section 2'8 of the Charter of the City of
Tamarac is hereby amended to read as follows:
SECTION 28. QUORUM: MI.N114UM VOTES NECESSAP.Y TO PASS
ORDINANCE OR RESOLUTION
A majority of all, members of the Council shall consti-
tute a quorum, but a lesser number may adjourn from day to
day and compel the attendance of absent members in such manner
and under such penalties as may be prescribed by ordinance.
The affirmative vote of three (3) members shall be necessary
to pass any ordinance on a reading, or adopt a resolution,
and the passage of all ordinances and resolutions shall be
taken by "Ayes" and "Nays" and entered upon the minutes.
The City Manager, the City Clerk and the City Attorney should
be present at any Council meeting, but the absence of any
or all of the three shall not invalidate an'otherwise valid
meeting, or any proceedings taken, thereat.
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ARTICLE v11 * Section 39 of the Charter of the City of
Tamarac is hereby amended to read as followst
SECTION 39. APPOINTMENT AND QUALXFICATIONS
The City Council shall appoint a City Manager who shall
be the administrative head of the City government under the
direction and supervision of the City Council and who shall
hold office at the pleasure of the City Council. He shall
be chosen solely on the basis of his demonstrated executive
and municipal administrative qualifications without regard
to his political belief or persuasion. During the absence
or disability of the City Manager, the City Council may
designate some properly qualified person to temporarily
execute the functions of his office.
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ARTICLE Xi, Section 71 of the Charter of the City of Tamarac
shall be amended to add thereto at the endp an unnumbered
paracraph which shall. read:
SECTION 71. ELECTION HOARD
The Election Boars, shall have the'exclusive power to
select an attorney of its choice and to fire said attorney.
The Election Board shall, inform the City Manager of its
selection and the City Manager shall promptly employ the
said selection, at a salary commensurate with that paid
the attorneys of other Boards.
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ARTICLE' Xi, Section 72 of the Charter of the City of
Tamarac is hereby amended to read as follows.
SECTION 72., ARRANGEMENTS FOR ELECTION
The Election Hoard shall make all necessary arrange-
ments for holding all elections and referendums shall state
where and when said elections shall be held, name the offices
to be filled, and if applicable, the issues to be decided,
and shall publish the for6going information once each week
in a newspaper o general circulation in the City for two
(2) consecutive weeks preceding the date set forth for such
elections, the first publication to be not less than fourteen
(14) days prior to such dates. The Election Hoard shall
declare the results of all elections.
Any special election or referendum wherein the time
is not oth6rwise set by law shall be held within sixty (60)
days of the date that request is made on the Election Hoard to
make the suitable arrangements or within sixty (60) days of
the operative fact which renders such election necessary,
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ARTICLE X1, Soctf 75 of the Charter of t.lerkty of
T,'Lmarrac is hereby a i),onded to read as follows t
SECTION 75. REFERENDUM ELECTION
Referendum elections shall be held at the time of
regular elections if called not more than n.nety
(90) days nor less than thirty (30) days prior to said
regular election.
Referendum elections, when not to be held at the
time of general elections shall be called by the Election
Board within sixty (60) days of the request made to the
Election Board or within sixty (60) days of fhe.operative
fact that makes said referendum necessary. Any matter
or matters which by the terms of the Charter may be
submitted to the electors at a referendum election may be
submitted and voted upon at any regular election.
The language of any issue submitted to referendum
shall irst be approved- as to form by the attorney rep-
resenting the Election Board.
The Petition For Referendum shall be substantially as
follows:
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REFER P4DUM PETITION
THE UNDERSIGNED qualified electors of the City of
Tamarac petitior, the City Council to (repeal) or &Mend)
in the following respects
Ordinance No. �
-- If the Council fails to comply with this petition
within thirty (30) days of the time of filing said petition,
then we request that said Ordinance be submitted to the Voters
at the next election helm within the City.
QUALIFIED ELECTOR'S : IGNATUnE RESIDENTIAL STREET ADDRESS
STATE OF FLORIDA
COUNTY OF BROWARD x
AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared
who being first duly sworn, deposes
circulator
and says that this signature sheet contains signatures
which I personally witnessed.
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ARTICLE XISe Section 76 of the Charter of the City of
Tamarac -in hereby amended to read as follows:
SECTION 76 SIGNATURES R-EQU.'MED ON PETITIVNS
Petitions for initiative, referendum and recall as
provided for .in tlii a Charter, must have signatures of
qualified electors of thq City, equal in number to ten (10%)
per cent of the number of votes cast in the last general CITY
election, for that candidate, or on that referendum, which
drew the largest total of votes cast. All petitions shall
set forth the name and residential street address of each
Person signing and at the bottom of each signature page
shall contain an affidavit by the Circulator as to the number
of signatures on the page and that he witnessed each sig-
nature thereon.
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ARTICLE XII, Section 77 of the C'hArter of tlh r j+ v - r
Tamarac is hereby amended to read as follows:
SECTION 77. PETITION
Initiative Petitions s:ya,ll be uniform in character,
shall contain they proposed ordinance or resolution in full
and if such proposed ordinance or resolution requires the
expenditure of fund„ the ozdi. ia.nce or resolt.;.ion must
provide therein for ti-ae additional revenues which shall be
required to carry out the ordinance or resolution. The
City Manager shali vezi.fy thE, sufficiency of the signatures
within five (5) working days. If found insufficient, the
City Manager shall notify the circulator of such Petition or
Petitions and said circulator may amend said petition at any
time within ten (10) days by filing a supplementary petition
signed and filed as provided herein for the original petition.
If the Casty Manager finds the petition sufficient as to
signatures, then, he shall transmit the petition to the City
Council, which shall proceed with the proposal in the regular
manner herein
provided. The
Council
shall either enact
the ordinance
or reso.luL-ion
without
amendmert or reject it
within the following three (3) Council meetings. In the
event the Council shall fail to enact such ordinance or
resolution, the Council shall at the next election held
within the City submit the same to a vote of the people. The
City Manager shall request the Election Board to make arrange-
ments for the election. The Election Board shall cause to be
published a notice of the election and a copy of the proposed
ordinance or resolution. in a daily newspaper of general cir-
culation in the Casty. Such publication shall not be more
than twenty (20) days nor less than ten (10) days before the
election. All initiative ordinances,or resolutions shall
have a title which shall state, :in a general way, the purpose
and intent of such ordinance or resolution. The ballot
used for such election shall contain the title of such ordin-
ance or resolution. In initiative elections the question
shall be determined. by a majority of the electois voting on
the question.
The Petition For initiative shall be substantially as
F01 l,yws : .
PETITION FOR INITIATIVE
WE THE UNDF-RSIGNEI) qualified electors of the City of
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Tamarac request the City Council to enact the (ordinance)
(resOlut-lon) attached hereto, a-nd mad(,y a part hereof.
In tht-� eV-e_nt the Cilfy Counc'.1-2. fails to enact said
(Ordinance) (reso)uti,on) wtth.in the time period co'%.tered
with the next. three (3) regular CmAncil meetinp, than
said tordinance) (resolution ) shall be sutmitted to a vote
of the people- at the next elect -ion held within the City.
QUALIFIED MECTORIS SIGNATURE FESIDENTIAL STREET ADDRESS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the unciers-igned aut-hority, personally appeared
who being first duly sworn, deposes
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and says that. this signat-,,rr,,, contaima 8ignatures __j
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which I personally wilt-nessed.
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ARTXCLE XI.II, SeCti_nrt 8.7 . Of the Chard-er Of the. City
Tamarac is hereby amended to read as followst
SECTION 81. DEFIN7,TI N-5
(.i.) AD USr�d in this Section the following words and
tt3r:, Si-IiA ,l hAvo �110 icillowing weaninga unle is soma other
meaning is plainly indicated.
(a) means an official, legislative
action of a govern:'.ng body, w:aich action is a regulation ow
ra general and per;ati,�Ve t nature and, enforceable as a local law.
(b) "ResoY%ktion" means an expression of a govern-
ing body cvsjcern .rich rz atters or.: administration, expression
of a temporary character, or zi provision for the disposition
of a particular item of the administrative business of the
governing body.
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ARTICLE XIXI, Sect, -Lon 83, of tje CiiarEr,r of the City of
T'OM21rac !. s ht.re) y 8vnended to re od is follows:
SrC:TIGM 63. r-MURG&SCY ORDINANCE,
An ordino.ncv- may ho-passed as an emergency measure
as he r oj' n a7 -�c-"c PTOV .�ej' only t},c= c: ou'ac:i.l finds that a
boxa f1cle and causes to be shown on its
Minus os th ± -f:.. t r" On "'jhich it, 1),in s its findings. Said
f'Iil I"C 3'Iic-y ;Jf a sel.1 created variety. It must
ar.toe out of a gs.Ituaiti.an SUC.. that rea3onab.le prudence
would not ha o its occurrence- in time to take care of
it by tiie u:: o of norical. prar o, ure-3. An emergency ordinance
may go i.-ito effoct inmediately, at a fixed time, or upon
Uie occurrence of a n:Lmed contingency. The emergency ordinance
shall be restricted to conditions eminently Iffecting the
peace, property, health, aaf.ety or morals of the community.
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Scc4ion 84 of the Charter of the City of
vie-AAe2 t� read as follows:
S `:C*-)N �-j F 0
'"A.�-.' T" f PD1 NAN C E S
cif` th(- oil�ective date of this Charter
Und, -1, t .
'5) y:,ar.s thereafte.-, the Council
Shall ---.rrk-kn(ja ct��.`)Ltic-,3tion or cow.Pilation of all
ezFwL.1�)Li!)"Lic Or pormai,ent nature, or ordin-
;ance3 wh.-.'c.h -a fine., p,-,rialty, or for.Ceiture. Such
lace
C 0 rnp 1 a L o- n c i: �I i. f i- c 'iltd c); z s h. a I 1 1) e p on file with
the Clerk, :-2111a'I be wad,-� avxilgable for Inhe use of the public,
and shall be viad-i a',,,ai'"able for purchase at a reasonable
VcicF_- Certificd copies of any ordinance may be received
in evidence in all courts.
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�{ I 7r I C L Z XIXA Sec -ion 124 of the Charter of the City of
Tamarac is hereby amended to read as follows
SECT 10124, C.,I; i:TI R AMENDMENTS; REPERENDUM
The Charter Beard :)hall make a report of any proposed
w,nendments to the Charter of the City of Tamarac on or
before November I of each year. such proposed amendments
shall be submitted for appi-oval or disapproval by the
que,lified electors of the City of Tamarac at the next
general. election. Each of said proposed amendments shall
take effect upon the approval of a majority of those
voting on said amendment. Notice of the proposed amendment
or amendments to the Charter of the City of Tamarac shall
be published in a alewspaper of general circulation in the
City once each week for two (2) consecutive weeks, the
first publication thereof to be not less than fourteen
(14) days prior to such election and a copy of said notice
shall bepoated in a conspicuous place in City Hall not
less than fourteen (1.4) days prior to said election.
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(10/2.9/73)
ARTICLE XX, 5eCticm 1.25, of the Charter of the City of
to read as foiiowr.
l't PL,ANitiy:id:y AND ZONING
Px:,vs.yions oi= Chapter 163, Part 2, Florida Statutes
are eonzidered OPPli-cable to the City of Tamarac and the
proceduh-e therein set forth shall be utilized by said City.
Except thi.t, th�;� City Council shall not delegate to
the Zoning Commiss.i.n;, the final approval on those powers
set forth in 163.265, but on the Contrary the City Council
shall be the final authority.
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(10/29/73)
ARTICLE XX, Sectic_n 131. of the. Charter of the City of _
'.1'c1maxac is hreby amended to .read as follows
SEC T'IO:N 131. PU ;;:. P? ��;G: AND PUBLIC NOTICE
Unless otla��7.-wi.se specif .ed herein, a notice of public
he°. ,r �_;zy before t.!�c.: Cc,unc ..i.a , a notice for invitation for
b i.c. s, a notice to mater.ial.11-ri and other types of notices
z'eq�;i.red
to bc
t>Li`.>.l.i.-shc':cl
shall
be posted in
a conspicuous
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t:tnd shall be
published in
two (2)
conz.ccut.ive issuer. of a net ,; pzapor of general circulation in
the City, with t-hc? First publication at Least ten (10)
days before the date of such public hearing or time for
filing of bids, and the second publication seven (7) days
after the first Publication.
Notices which contain legal descriptions shall in
addition to legal description, contain a street address or
other descriptive material which will permit the lay public
to identify the land involved.
The notice of agenda shallain addition to the temporary
number, contain a brief description of the subject matter of
the ordinance or resolution.
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fay �Ct. ..t Tr 5ecfi i_ �.. f35 �?f� , sand '88 or the Charter of the
Cit-v O'L Tcwtizirac k. �, and the sanit� are hereby repealed.
11
RECORDED IN THE OFFICIAL RECORDS BM
a BROWARD COUNTY, WDRiIis
9. M. STROBF,,o
cowo OPNIF74OUAR
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